2
   

HABIB - released from US detention, but still "suspect".

 
 
msolga
 
  1  
Reply Sat 16 Jul, 2005 03:49 am
Last Update: Saturday, July 16, 2005. 5:50pm (AEST)

Govt handling of Hicks 'beyond a joke'

The federal Opposition says the Government's handling of accused Australian terrorist David Hicks is "beyond a joke".

Hicks, from Adelaide, is being held by the US Government at Guantanamo Bay.

His case has been delayed due to legal action taken by another detainee, who argued that the military commissions hearing the cases of alleged Al Qaeda suspects are illegal.

The court has now ruled that the military commissions are legal.

Mr Rudd says Prime Minister John Howard should act to ensure a fair trial for Hicks, who has now been held in detention by the US Government for three years following his capture in Afghanistan.

Mr Rudd doubts Hicks will get a fair trial if tried by a US military tribunal.

"Our position throughout has been that US military tribunals do not provide a fair trial and it's time the Howard Government resolved this matter once and for all," he said.

"This has been the subject of mishandling for over three years now and frankly it's got beyond a joke.".. <cont>


http://www.abc.net.au/news/newsitems/200507/s1415745.htm
0 Replies
 
msolga
 
  1  
Reply Sun 17 Jul, 2005 05:37 am
US dismisses Hicks, Habib abuse claims
July 17, 2005 - 4:34PM/the AGE

A year-long inquiry by the United States government has rejected claims that Australians David Hicks and Mamdouh Habib were abused in US custody at Guantanamo Bay.

The US government has written to the Australian government saying there was no evidence to support the men's claims that they were mistreated behind bars at the US base in Cuba.

Adelaide-born Hicks remains locked up at Guantanamo Bay, awaiting a US military commission trial on terrorism charges, while Mr Habib was released without charge from the base in January, and has returned to Sydney.

Both men have claimed they were abused at Guantanamo Bay. .. <cont>


http://www.theage.com.au/news/World/US-dismisses-Hicks-Habib-abuse-claims/2005/07/17/1121538859590.html
0 Replies
 
Walter Hinteler
 
  1  
Reply Sun 17 Jul, 2005 09:51 am
Quote:
Last Update: Sunday, July 17, 2005

Habib stands by torture claims

Former Guantanamo Bay detainee Mamdouh Habib has disputed the findings of a US inquiry into allegations of prisoner abuse there.


The US Navy has found no evidence of the mistreatment of detainees there.

Mr Habib has reiterated his claims that he was tortured at Guantanamo Bay, including through sleep deprivation and beatings.

He has indicated there were numerous others who were dealt with just as harshly.

"I can't say I've been treated very well," he said.

"There's nobody treated very well, there's nobody treated as a human being.

"They're treated as no humanity at all. And [the inquiry] is full of lie."

David Hicks's father, Terry Hicks, says he does not accept the US report's findings on the alleged abuses.

"The place they're being held in to start with is an abuse, the way they're being held, just not only the treatment that they've been through, so I don't know what Mr Howard's about there," Mr Hicks said.

"He says there's been no abuses and I do know there has been."

Mr Habib has been released from US custody while Hicks is awaiting trial by military commission after being charged with training with Al Qaeda.

In Washington, Prime Minister John Howard earlier released a letter from the US Defence Department outlining the investigation's results.

Mr Howard says he is satisfied with the findings.

"We have allegations of abuse, those allegations are investigated," Mr Howard said. "We have a response from the Americans.

"I have nothing to add to that except to remind you of the nature of the allegations that have been made about Mr Hicks.

"Let us not lose sight that these are very serious allegations."

Hicks faces three charges - conspiracy, attempted murder and aiding the enemy.

The US alleges he trained with Al Qaeda, assisted the Taliban and fought US forces in Afghanistan.
Source
0 Replies
 
msolga
 
  1  
Reply Mon 1 Aug, 2005 01:22 am
Last Update: Monday, August 1, 2005. 4:22pm (AEST)

Emails confirm Hicks won't get fair trial: lawyer

A lawyer for Australian Guantanamo Bay detainee David Hicks says new revelations from two former US military prosecutors prove that the process being used to try his client is biased.

In separate leaked emails, the two men allege that the military commission system is rigged in favour of the prosecution and the cases it is pursuing are "marginal".

The Pentagon has dismissed the claims.

Hicks's Australian lawyer David McLeod says the revelations prove the commission will not give his client a fair trial.

"Here we have revelations from the very heart of the commission's structure itself indicating that the commission is corrupt and that there's been an attempt to pervert the course of justice by ensuring that the commissions would be set up to achieve convictions," he said.

"We're not saying 'don't try David Hicks', we're simply saying, 'put him before a body that is independent and impartial'.

"And these revelations reveal that the commission process is neither."

Mr McLeod has urged the Federal Government to reconsider its support for the commissions in the light of the new allegations.

"I'm sure that if the Australian Government had known about these allegations back in March last year, when they were receiving assurances by the US authorities that the process would be fair in all respects, they would have second thoughts about agreeing to the process."

Foreign Minister Alexander Downer says he has not seen or been told of the emails and says the government is satisfied that the commissions are fair.

"Whatever these emails might say, we as of now are satisfied with the way the military commissions have now been set up," he said.

But the Federal Opposition has pounced on the latest developments, with foreign affairs spokesman Kevin Rudd urging the Government to rethink its support for the military trials.

"We now have the American military themselves saying that these American military tribunals are fraudulent and rigged, and Mr Downer and Mr Ruddock and Mr Howard saying that they're just fine and dandy," he said.

"I mean, who are we to believe?"



Dangerous culture of prosecution

Meanwhile an international legal body says the emails highlight a dangerous culture of prosecution and conviction.

The president of the International Commission of Jurists' Australian section, John Dowd, backed calls for the military commissions to be scrapped and replaced by an independent court.

"It just underlines the fact that this is a very high political priority for the US Government and this shows why an independent court should deal with allegations such as this," he said.

Justice Dowd argues that US and Australian governments are now obliged to prove that the proceedings are lawful.

Law Council of Australia president John North says he will raise the issue with Attorney-General Philip Ruddock next week.


http://www.abc.net.au/news/newsitems/200508/s1427396.htm
0 Replies
 
dlowan
 
  1  
Reply Mon 1 Aug, 2005 02:05 am
Fascinating, eh?

Why not post this on one of the US dominated threads - like US/UN/Iraq 8 - that'll cause a flurry.

US administration already playing it down as "miscommunication and personality clashes."

There seem to be an awful lot of them - like Abu Ghraib, et. etc.....
0 Replies
 
msolga
 
  1  
Reply Mon 1 Aug, 2005 02:16 am
Feel free to post it on, Deb. I'm in & out of those threads & am not really sure of which one would be the most appropriate.
0 Replies
 
msolga
 
  1  
Reply Mon 1 Aug, 2005 02:24 am
..But yes, fascinating alright!
And our wishy-washy government makes me sick! Will they EVER disagree with ANYTHING the US government says or does? Rolling Eyes
0 Replies
 
msolga
 
  1  
Reply Wed 3 Aug, 2005 04:54 am
Last Update: Wednesday, August 3, 2005. 8:42pm (AEST)

Hicks can be tried in Aust, lawyers say

Two leading academic lawyers say Australian Guantanamo Bay detainee David Hicks could be charged and tried in Australia.

The Federal Government has repeatedly said there are no Australian laws under which Hicks could be tried.


However, legal advice compiled by University of New South Wales law professor George Williams says Hicks could be tried in Australia over the majority of crimes he is facing the military commission for.

Professor Williams says Australia law provides for him to be charged with breaching the 4th Geneva Convention, the Crimes Act and the Foreign Incursions and Recruitment Act 1978.... <cont>


http://www.abc.net.au/news/newsitems/200508/s1429415.htm
0 Replies
 
msolga
 
  1  
Reply Fri 2 Sep, 2005 05:30 am
Ruddock welcomes changes to Hicks trial rules
By Fergus Shiel
Law Reporter
September 2, 2005/the AGE


CHANGES to the way Australian terror suspect David Hicks will be tried by the Guantanamo Bay military commissions have been welcomed by the Howard Government but dismissed by lawyers as so inadequate as to be meaningless.



<complete article>
http://www.theage.com.au/news/war-on-terror/ruddock-welcomes-changes-to-hicks-trial-rules/2005/09/01/1125302688165.html
0 Replies
 
goodfielder
 
  1  
Reply Sat 3 Sep, 2005 03:11 am
Ruddock is full of it. This is still a kangaroo court and he knows it. David McLeod called them on it, he isn't fooled.
0 Replies
 
dlowan
 
  1  
Reply Sat 3 Sep, 2005 03:43 am
Yeppers.


At least it is SOME sort of admission by Bushco that the system was outrageous.
0 Replies
 
goodfielder
 
  1  
Reply Sat 3 Sep, 2005 04:06 am
In a sense yes. This is PR spin. David McLeod though, good for him, called them up on it.
0 Replies
 
dlowan
 
  1  
Reply Sat 3 Sep, 2005 04:18 am
Yep - I agree, it is.


I still think it is one of the signs that Bushco are beginning to comprehend how much they have lost by their immoral actions, while hypocritically trumpeting their moral authority in the world.


Interestingly, I think them more aware of that - and more likely to shift - than their loony right supporters here on A2k - though THEIR stuff can be explained by cognitive dissonance theory, I think.

I guess it'll come down to cost/benefit analysis.

They CAN do whatever they want - it will be up to how much they want to maintain a reasonable image - and how much strategically, I guess, they think such actions will hasten the formation of a truly competing power bloc.

China getting more allies because of folk being concerned about American actions, for example - and that wouldn't be a good outcome.
0 Replies
 
goodfielder
 
  1  
Reply Sat 3 Sep, 2005 05:51 am
Cognitive dissonance theory - the real "sour grapes" (following Aesop - I get very annoyed when I hear "sour grapes" used as a synonym for anger, yes I'm pedantic).

One of the reasons Bush and his cronies disgust me is that they have at once weakened America's global moral authority and at the same time have handed over economic control of America - the biggest economy in the world - to China.

I worry when I think about China taking over America's position in the world. A coldly brutal, vicious, despicable totalitarian regime taking America's place? Not a good thought.
0 Replies
 
Setanta
 
  1  
Reply Sat 3 Sep, 2005 05:57 am
Ah yes, but's that's a fine distinction there--a coldly brutal, vicious, despicable totalitarian regime taking the place of a coldly brutal, vicious, despicable plutocratic regime . . .
0 Replies
 
goodfielder
 
  1  
Reply Sat 3 Sep, 2005 06:10 am
The difference is that one can be removed by democratic vote....I think.
0 Replies
 
dlowan
 
  1  
Reply Sat 3 Sep, 2005 06:40 am
I guess I never saw America as having so much global moral authority.....but less now, indeed.

I am clearly naive - I do not understand what you mean by handing their economy over to China?
0 Replies
 
goodfielder
 
  1  
Reply Sat 3 Sep, 2005 06:50 am
If China called in the debt owed to it by the US it would not be good. Of course it can't and it won't happen because it would cause global destabilisation and China doesn't want that. They don't want to inherit a wreck.
0 Replies
 
Walter Hinteler
 
  1  
Reply Mon 26 Sep, 2005 09:05 am
Quote:
Australian Guantanamo detainee looks to Britain for freedom

Mon Sep 26

An Australian terror suspect held at the US military prison in Guantanamo Bay has applied for British citizenship in an attempt to win his freedom, lawyers and his father said.

The British government negotiated the release of all nine of its citizens held at Guantanamo Bay in Cuba, while the Australian government has refused to do the same for David Hicks who has been held for nearly four years.

The 30-year-old convert to Islam was captured in Afghanistan where he allegedly fought alongside the ruling Taliban against US-led forces who invaded after the attacks on the United States on September 11, 2001.

Hicks's father Terry told national radio on Monday that his son made a passing comment about his mother's British citizenship when talking to his US lawyer Major Michael Mori about the recent Ashes cricket series between Australia and England during a recent meeting.

Hicks said his son remarked that he wished he was British like his mother so that he could have supported the winning Ashes team.

"He said his mother still retains a UK passport and of course Major Mori nearly fell over," he said.

"[He] didn't realise that David probably could have the means of being released through the Brits."

Press reports here said Mori lodged Hicks' formal request for British citizenship at the British embassy in Washington on September 16. They said that under legislation passed in 2002, children of British mothers are now eligible for citizenship.

Hicks' mother moved to Australia as a child and divorced when David Hicks was nine. According to The Australian newspaper, she does not want to be named.

Asked whether he was embarrassed by the move, Prime Minister John Howard refused to comment.

"That's a matter for him," Howard told ABC radio. "I don't have any comment on it."

Howard, a close ally US President George W. Bush, has been criticised by lawyers and human rights groups in Australia for refusing to follow Britain's lead by pushing for Hicks' release.

Hicks is due to be tried soon by a US military commission on a series of terrorism-related charges, including attempted murder and aiding the enemy, which he denies.

Britain refused to allow any of its citizens to face the widely-criticised US military commissions, saying they failed to uphold basic standards of justice.

Terry Hicks said he hoped that if his son was granted citizenship the British government would negotiate his release.

Hicks's Australian lawyer David McLeod said the move did not mean that his client was snubbing Australia.

"David is not abandoning his Australian citizenship, far from it," he said. "He's simply seeking dual nationality off the back of his mother's British nationality."
Source
0 Replies
 
dlowan
 
  1  
Reply Mon 26 Sep, 2005 03:36 pm
Yeppers.

Makes me want to vomit.


Even Blair stands up to Bushinc., not Howard.

Hicks' American military lawyer looked like he had just had a baby or something when interviewed on TV last night! Jubilant.

He is a very interesting young fella, that one, has been so prepared to declare the "legal" system around the detainees what it is.
0 Replies
 
 

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